Repairs and Maintenance of Leased Premises

Repairs and Maintenance of Leased Premises in Switzerland

Relations between owners and tenants in Switzerland are governed by a set of precise legal provisions, notably concerning the maintenance and repair of real property. The Swiss Code of Obligations, primarily in arts. 256 to 259, defines the respective responsibilities of the parties. This allocation of obligations is often a source of disputes, as the boundary between what falls to the landlord and what is the tenant's responsibility is not always clear. The jurisprudence of the Federal Supreme Court has progressively clarified certain aspects, but cantonal particularities and specific contractual clauses may further complicate the situation. A thorough understanding of this legal framework is indispensable for preventing disputes or resolving them effectively.

Legal Framework for Rental Repairs in Switzerland

Tenancy law in Switzerland is primarily governed by the Code of Obligations (CO), more specifically by arts. 253 to 274g. In matters of repairs and maintenance, arts. 256 to 259 are fundamental. Art. 256 CO requires the landlord to deliver the leased property in a condition suitable for its intended use and to maintain it in that condition throughout the term of the lease. This fundamental obligation constitutes the starting point of the allocation of responsibilities.

The legal framework distinguishes three main categories of work:

• Routine maintenance work generally falling to the landlord
• Minor repairs at the tenant's expense
• Defects requiring repair, whose responsibility varies according to their origin

The Ordinance on Rental and Lease Agreements for Residential and Commercial Premises (RLCO) provides additional clarifications. Its art. 5 details notably the concept of minor repairs at the tenant's expense, defining them as inexpensive cleaning or repair work necessary for ordinary maintenance.

The jurisprudence of the Federal Supreme Court has progressively refined these notions. For example, BGE 142 III 557 clarified that work whose cost is below approximately CHF 150–200 may generally be considered minor repairs. However, this limit is not absolute and must be assessed taking into account the overall context of the lease.

Landlord's Obligations Regarding Maintenance

The landlord assumes a fundamental responsibility for maintaining the leased property, in accordance with art. 256 CO. This obligation involves several aspects that merit particular attention.

First, the landlord must deliver property in a condition suitable for its intended use. This requirement means that the dwelling or commercial premises must comply with the safety, hygiene and comfort standards corresponding to the category of property. For example, a functioning heating system, electrical installations meeting standards or adequate thermal and acoustic insulation are among the expected elements.

Throughout the term of the lease, the owner must maintain the property in this suitable condition. This involves taking charge of structural repairs and substantial maintenance work, such as:

• Renovation of facades and roofs
• Replacement of defective sanitary installations
• Repair or replacement of heating equipment
• Maintenance of common areas in apartment buildings
• Maintenance of lifts and other technical equipment

Procedure in Case of Defects Requiring Repair

When a defect appears in the leased property, the landlord must intervene within a reasonable time after notification. Art. 259b CO provides that if the landlord is aware of a defect and does not remedy it within a reasonable period, the tenant may:

• Require a proportional rent reduction
• Deposit rent with an institution designated by the canton
• Have the work carried out at the landlord's expense, in certain cases
• Claim damages

The jurisprudence has clarified these notions, notably regarding the reasonable period which varies according to the urgency and nature of the defect. For a heating problem in winter, intervention must be prompt, while aesthetic work may wait longer.

Tenant's Responsibilities for Minor Repairs

The tenant, although not the owner of the property, nonetheless assumes a share of responsibility for its daily maintenance. Art. 257f CO stipulates that the tenant is required to use the property with care. This general obligation translates into specific responsibility for minor repairs, defined by art. 259 CO and specified by art. 5 RLCO.

These minor repairs generally include:

• Replacement of tap washers
• Unblocking sinks and toilets (where the blockage results from normal use)
• Replacement of defective light switches
• Repair or replacement of venetian blind slats damaged by handling
• Maintenance of kitchen extractor hood filters
• Replacement of bulbs and fluorescent tubes

The jurisprudence has established that these repairs are characterised by their modest cost (generally below CHF 150–200) and the fact that they do not require any particular technical knowledge. However, this financial limit is not absolute and must be assessed on a case-by-case basis, taking into account in particular the nature of the leased property and the amount of rent.

Limits of the Tenant's Maintenance Obligation

It is fundamental to understand that the tenant is not responsible for the normal wear and tear of the property. The distinction between normal wear and faulty deterioration often constitutes a point of friction between landlords and tenants. Normal wear corresponds to the progressive deterioration of dwelling elements resulting from use in accordance with the property's intended purpose. For example, the fading of wall paint after several years of occupation constitutes normal wear.

On the other hand, damage resulting from inappropriate or negligent use engages the tenant's liability. Thus, significant holes in walls, burns on floor coverings or sanitary fittings cracked by violent impact constitute deteriorations for which the tenant will be held responsible.

The tenant must also promptly notify the landlord of any defect whose repair falls to the landlord, in accordance with art. 257g CO. Failure to comply with this notification obligation may engage the tenant's liability if the defect worsens as a result of this delay. For example, an unreported water leak causing structural damage could partially be charged to the negligent tenant.

Allocation of Work: Landlord vs Tenant

Procedures in Case of Disputes on Repairs

Despite a structured legal framework, disagreements on the allocation of repair responsibilities remain frequent. Switzerland has put in place specific mechanisms to handle these disputes efficiently and proportionately.

The first step generally consists of an attempt at amicable resolution. Clear and documented communication between the parties can often clarify respective responsibilities. It is recommended to exchange in writing (registered letter or email with acknowledgement of receipt) to keep a record of exchanges.

If direct dialogue does not resolve the dispute, recourse to conciliation authorities constitutes the next step. Each canton has a conciliation commission for tenancy matters. This prior procedure is mandatory before any court action, with limited exceptions. The commission attempts to find an agreement between the parties at an informal hearing. This procedure has the advantage of being free and relatively quick.

Provisional Measures and Emergency Procedures

In certain critical situations, such as a heating breakdown in winter or a major water leak, emergency procedures may be initiated. The judge for provisional measures may be seized to order immediate work, independently of the question of financial responsibility, which will be settled subsequently.

Art. 259b CO provides several options for the tenant facing a recalcitrant landlord:

• Rent deposit, which allows the tenant to pay their rent to an official institution designated by the canton, in order to put pressure on the landlord
• Proportional rent reduction, whose amount depends on the gravity of the defect and its impact on the enjoyment of the property
• Execution of work at the landlord's expense, after formal notice that has remained without effect

These measures must be implemented with caution and in strict compliance with the procedures provided by law. A rent deposit not complying with legal requirements, for example, could be considered a payment default and expose the tenant to lease termination.

Frequently Asked Questions on Rental Repairs